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This "timeline" has been compiled by UK Gay News,
with invaluable assistance from readers in Australia, Canada and Austria, from many websites.
It reflects all known legislation worldwide, whether "strong" or "weak" that
impacts on same-sex couples in a long-term relationship from 1979 to the
present time. It should be noted that there are varying degrees of
"equality"
If there are any omissions,
inaccuracies or new legislation, please let us know (editorial @ ukgaynews.org.uk
- remove the spaces).
Please note that this listing
is NOT copyright and can be freely used - credit of source is appreciated.
1979. The Netherlands
introduced the "Unregistered Cohabitation" law which was the framework for the
introduction over several years of limited legal rights for same-sex couples
in areas such as income tax, social security, rent law, immigration rules
and state pensions
1989. Denmark
becomes the first country in the world to legally recognise gay
relationships with its
Registreret Partnerskab, with most (but not all) rights enjoyed by married couples.
But church ceremonies are not permitted neither is adoption.
1993.
Norway introduces Registrert Partnerskap which is similar
to Denmark.
1994.
Sweden introduces
Registrerat Partnerskap
- based on the Danish "model".
1996.
Iceland introduces
Staðfest Samvist,
again similar
to Denmark.
1996. Greenland, a
self-governing part of Denmark, introduces
Registrert
Partnerskap.
1996.
Hungary
becomes the first country in the former Eastern European Bloc to introduce
benefits for same-sex couples. The Unregistered Cohabitation Amendment to
Civil Code gave all unmarried "common law" couples, including same-sex
couples, limited rights and benefits which have to be applied for to the
local government. Partnership legislation currently being discussed
1998. The
Netherlands
introduces
Geregistreerd Partnerschap
(registered partnerships) for both heterosexuals and homosexuals,
giving couples the same rights and responsibilities as for married couples.
1999.
France
introduces a Pacte Civil de Solidarité or PaCS (civil contract)
that gives some rights to cohabitating couples of
all sexualities. Taxation, inheritance and adoption are not included in
these rights.
2000.
Vermont
becomes the first state in the
USA
to introduce legislation recognising same-sex couples. Vermont Civil Unions
give same-sex couples the same life insurance, health care and child
custody benefits as married couples.
2000.
Belgium
introduces
Cohabitation Légale/Wettelijke
Samenwoning/Gesetzliches Zusammenwohnen
(Legal Cohabitation) for same sex couples giving them the
same rights and responsibilities as for married couples.
2001. In
January in Canada, what is thought to be the world's first 'gay
marriage' in a church took place in Toronto (the MCC church in the
city on January 14, Douglas in Toronto kindly tells us). The ceremony
was subsequently ruled "legal" by three Ontario Court of Appeal judges
(2003). Other Canadian provinces introduced same sex marriage until
earlier this year when the Parliament brought-in same-sex marriage
nationally, confirming judicial rulings in some, but not all, provinces.
A footnote to the Ontario Court of Appeal ... Canada's leading national
newspaper, the Globe and Mail, named the three jurists as "Nationbuilders
of the Year" for their decision.
2001. The
Netherlands
becomes the first country in the world to introduce full civil marriage for
same sex couples.
2001.
Portugal
introduces
União de Facto / Economia Comum
(Union of Fact/Common Economy) which extends to same-sex couples the
same rights as heterosexual couples living in a de facto union for more than
two years. Very limited rights.
2001.
Germany
introduces
Eingetragene Lebenspartnerschaft
(Registered Life Partnerships) for same-sex couples. This includes the same
inheritance and tenant rights as enjoyed by married couples.
2002.
Finland
introduces
Rekisteröity Parisuhde
which is similar to Denmark to almost complete the Nordic countries
recognition of same-sex couples in a partnership - the exception being the
Faroe Islands (self-governing part of Denmark).
2003.
Belgium
introduces full same-sex marriage.
2003. In
Canada, an Ontario court rules that same-sex marriages are legal (the
2001 wedding at the Toronto MCC church was now legal). British
Columbia and Québec embrace same-sex marriage.
2003. In
Croatia,
a law comes into force for same-sex civil unions whereby partners who have
been together for at least three years can enjoy the same benefits as
unmarried cohabiting opposite sex couples which are limited.
2003. In Buenos Aires,
Argentina same sex partnerships were introduced. While the 350
or so same-sex couple in the capital city have taken advantage and enjoy
most of the rights enjoyed by married couples (it does not include the right
to adopt or inheritance rights, as these are federal matters), the remainder
of the country is without any recognition. However, the Argentine
Congress is currently going through the legislative process of implementing
a new form of marriage aimed at same-sex partners, but will also be
available to heterosexual couples. When passed, it will apply to the
entire country.
2003. On the orders of the European Court
of Human Rights, Austria gives cohabiting same-sex partners all the
rights of unmarried cohabiting heterosexual partners (Karner
v Austria)
2003. The Supreme Court of the
Commonwealth of
Massachusetts in the
USA
ordered state authorities to issue marriage licences for same-sex couples –
and in 2004 this became effective. However, while same-sex marriages are
legal, there are moves to ban them.
2004. The city of
Portland
in Oregon (USA) began issuing marriage licences to same-sex couples.
But an amendment to the state constitution was passed by the electorate in a
referendum. The same happened in San Francisco, but this was
short-lived following a court case.
2004.
Luxembourg
introduces
Loi Relative aux Effets Légaux de Certains Partenariats
(Law Relating to
the Legal Effects of Certain Partnerships) which is based on the French
PaCS.
2004.
Brazil/Rio Grande do Sul - Civil
union (see below)
2004. Tasmania in Australia
introduces registered relationship or civil unions for all, regardless of
sexuality, but with strict residency conditions.
Tasmania's Relationships Act gives same-sex
relationships equal status to heterosexual marriages under nearly all state
laws, and covers areas such as property transfers and superannuation.
2004.
Switzerland
introduces
Eingetragene Partnerschaft/Partenariat
Enregistré/Unione Domestica Registrata
(registered partnerships)
which give same-sex couples the same rights as heterosexual couples in terms
of pension, insurance and taxation.
Adoption by same-sex couples is specifically
not included.
2004. The
United Kingdom
Parliament passes legislation for “Civil Partnerships” which closely mirrors
the Civil Marriage Act, but does not allow religion to form part of any ceremony.
Civil Partnerships are virtually same-sex marriage in all but name and the
legislative process was perhaps one of the least provocative anywhere,
probably because the word "marriage" was not used. Under a different
law, adoption by same-sex couples is permitted (adoption by gay men or women
as individuals has always been permitted, but law was amended so that both
people in a civil partnership can jointly adopt).
2004. New Zealand Parliament
passes an act that permits Civil Unions between same-sex couples.
2005 (March).
Andorra introduces
Unió Estable de Parella
(stable
union of [a] couple). This is open to both same-sex and opposite-sex
couples. Proof of a stable relationship is required to register with the
'Registry of Stable Unions'. Registered couples have most - but not
all - of the rights enjoyed by married couples.
2005 (April).
New Zealand
civil union law comes into force.
2005 (April).
Connecticut
becomes the second state in the
USA
to permit same-sex civil unions, despite the state constitution specifically
defining “marriage” as being between a man and a woman.
2005 (June).
Spain
passes legislation permitting same-sex marriage, with couples able to adopt.
The legislation was enacted within weeks.
2005 (June).
Slovenia
introduces
Zakon o
Registraciji Istospolne Partnerske Skupnosti or ZRIPS (Law on the
registration of same-sex unions/partnerships) for "Registered Same-Sex Partnerships". Very limited
rights around property, the obligation to support the weaker partner and
partial inheritance rights. Not included are next-of-kin or social security
rights.
2005 (June).
Canada
introduces legislation that includes same-sex couples in marriage (and it
applies throughout the country) following a bitter
debate in Parliament which came close to bringing down the government.
Some
provinces had already introduced same-sex marriage, with the United Church
of Canada, the MCC and Unitarian churches offering ceremonies. Adoption by
same-sex couples is permitted. Where Canada arguably has the best
legislation in the world is in the fact that anyone can get married in
Canada, regardless of nationality or country of residence. However, there is
no right of a Canadian citizen to bring a spouse into the country if he or
she married outside of Canada. See also
2001 for Canada's (and probably the world's) first same-sex marriage in a
church) and 2003 for first "legal" recognition..
2005 (November). Australian Capitol
Territory (Canberra) in Australia approves civil unions for
same-sex couples. But unlike the legislation in Tasmania, there is no
residency requirement. The Federal Government blocked the Civil
Unions Act six months later
on the grounds it contravened
the Commonwealth Marriage Act.
2005 (December). The Australian
Defence Force (military) introduced for same-sex couples
the same benefits as
heterosexual partners in areas like housing and education assistance, and
relocation. The areas of inequality that remain unaddressed are
superannuation and Veterans Affairs (compensation upon death or injury)
2005 (December).
Belgium
introduces legislation that allows same-sex couple to adopt children.
2005 (December). High Court in
South Africa
rules that preventing same-sex couples from getting married was
unconstitutional – and gives the government 12 months to bring into effect the
necessary legislation. National Assembly passed the Civil Union Bill
on November 14, 2006.
2005 (December).
UK
Civil Partnership Act 2004 becomes law. Same sex couples are permitted
to give “notice of intention” of registering civil partnerships from December
5. First civil partnership registrations/ceremonies in the UK are on
December 19 in Northern Ireland, with Scotland following the next day, and
England and Wales on December 21. However, in the Western Isles region
of Scotland, registrars are refusing to perform civil partnership
registrations on moral grounds - and the council is backing the registrars
2005 (December).
Latvia becomes the first country in Europe and the European Union to
define marriage as being between a man and a woman. The Constitutional
Amendment passed its Parliamentary process on December 15 and now goes to
the President for final approval.
2005 (December). Czech Republic
Partnership Bill passed by Chamber of Deputies on
December 16. The Bill now has to go before the Senate by mid-January
2006. If it fails at the Senate, it returns to the Deputies and then,
after further approval, it can go directly to the President for signing.
2006 (January). Czech
Republic Partnership Bill passed by the Senate (January 26) with a 45-14
majority (six Senators abstained). BUT ...
President Vaclav Klaus
has indicated (January 29, 2006) he will not sign the Bill into law.
2006 (February). Czech
Republic Partnership Bill vetoed by
President Vaclav Klaus
(February 16)
2006 (March). Czech
Republic Partnership Bill saved by the Chamber of Deputies in Parliament
when President's veto was set aside, with 101 of the 171 deputies present
voting in favour (March 15). To overturn a presidential decision, the
Chamber of Deputies has to record an absolute majority of its 200 elected
members - so the reversal was 'won' by one vote - the absolute minimum.
2006 (July).
Slovenia's
Zakon o
Registraciji Istospolne Partnerske Skupnosti or ZRIPS (Law on the
registration of same-sex unions/partnerships) came into effect. Severe
restrictions include no one, including family, can attend the registration.
Very limited rights around property, the obligation to support the weaker
partner and partial inheritance rights. Not included are next-of-kin
or social security rights.
2006 (October). In the
United States, the
New Jersey Supreme Court ruled 4-3 that "the
State must provide to committed same-sex couples, on equal terms, the full
rights and benefits enjoyed by heterosexual married couples". The
court ordered politicians to either amend the existing marriage laws to
include same-sex couples or to introduce same-sex "civil unions" within 180
days.
2006 (November). In
South Africa, the National Assembly passed the Civil Unions Bill by a
more than convincing 230-41 margin on November 14. The Bill now has to
be approved by the National Council of Provinces
before it can
be signed into law by President Thabo Mbeki. The deadline set by the
Constitutional Court for introduction is Thursday November 30, 2006.
2006 (November). In
Mexico City, a local law was passed recognising same-sex civil unions.
The legislation was published in the 'Official Gazette' on November 16 after
being signed by the Mayor of Mexico City three days previously. The
law comes into effect in February 2007 - and does not apply throughout
Mexico.
2006 (November). In
South Africa, the Civil Unions Bill passed National Council of Provinces
on November 28 to complete its legislative process. The voting margin
was 34-11 (with one abstention). The Bill was signed into law by
Acting President Phumzile Mlamblo-Ngcuka and is now an Act
- and has immediate effect.
2006 (December).
Australian Capitol
Territory (Canberra) in Australia tables a revised bill
to legally recognise same-sex relationships (see
November 2005 above).
2006 (December). The
New Jersey Assembly on December 14 voted 56-19 to introduce Civil
Unions, which would give same-sex couple all the rights of a married couple.
Later in the day, the State Senate approved 23-12. Gov. Jon Corzine
signed the legislation on December 21 and Civil Unions for same-sex couples
becomes law on February 19, 2007. It will give all the rights and
responsibilites of marriage, but not the title.
2007 (January). In
Switzerland, the federal Partnership Law came into effect on January 1.
Eingetragene Partnerschaft/Partenariat
Enregistré/Unione Domestica Registrata gives
pension, inheritance and tax rights and obligations to same-sex couples who
register their parnerships..
2007 (January). Norway
introduced a law (January 1) that will allow The Norwegian Humanist
Association to perform "marriages" between same-sex couples. The
Humansists have been conducting legal marriages of heterosexuals couples
since December 2004, providing that one of the partners was a Humanist
member (there have been more than 1,000 such ceremonies). The new law
removes the membership requirement - and is expanded to include same-sex
couples whose commitment will be legally recognised as a
Registrert Partnerskap.
2007
(January). Mexico. The northern state of
Coahuila introduced “Civil
Solidarity Union” (same sex unions). The law was passed on January 11
and Coahuila was the second area of Mexico to introduce such legislation
(Mexico City was the first - see November 2006). In February, Coahuila
amended its law to allow same-sex couple throughout Mexico to register their
unions in the State.
2007 (February). Italy.
In a special Cabinet meeting on February 8, the Italian government approved
a 'same sex union' measure similar to that in France. The new
legislation, which has to be passed by Parliament, will recognise relations
between gays as well as unmarried heterosexual couples and others who choose
to live together, granting rights in areas like inheritance and health care.
2007 (May).
Oregon (USA). Governor
Ted Kulongoski
signed House Bill 2007 - Oregon Family Fairness Act on May 9. This
Bill introduces domestic partnerships for same-sex couples and is effective
from January 1, 2008.
2007 (December).
Hungary's Parliament approved same-sex partnerships. From January
2009, same-sex couples may
register their civil partnership and have the same rights as married
heterosexual couples in inheritance, taxation and other financial matters.
2007 (December). In
Uruguay, the Senate
unanimously approved
legislation to introduce Civil Unions for both same-sex couples and
heterosexuals. Couples will be eligible to form civil unions after
living together for five years. They will have rights similar to those
granted to married couples on such matters as inheritance, pensions and
child custody.
President President
Tabare Vazquez signed the legislation on December 28. The law is
effective from January 2008.
2008 (April). The first
"gay marriage" in Latin America took place in an Uruguay courthouse when
Adrian Figuera and Juan Carlos Moretti exchanged vows in front of judge
Estrella Perez.
2008 (May). California
looks to becoming the second state in the USA to recognise gay
marriage following a 4-3 decision by the State Supreme Court
ruling on May 15 that it is
unconstitutional to deny same sex couples the right to marry. First
same-sex marriages could take place in mid-June, if there is no further
court challenge. Republican Governor
Arnold Schwarzenegger said that he accepted the ruling of the court.
2008 (May). In USA,
the first same-sex civil marriages in California took place just after 5pm
(local time) on Monday June 16 in a handful of counties. However, most
counties started issuing licences on June 17. Massachusetts already
has same-sex marriages, but there are residency qualifications. In
California there are no restrictions.
2008 (May). Legislation was passed in
Norway that gives
same-sex couples the legal right to marry. The upper house of the
Norwegian parliament passed the legislation by a 23-17 majority on May 17.
Since 1993, same-sex couples have been able to enter into Civil Unions (see
above). The new law, which includes adoption and artificial
insemination, will come into effect on January 1, 2009.
■ Legislation is pending in the Republic of Ireland
(Civil Partnership)
and
Liechtenstein.
Brazil. It is difficult to fit
this country into a "timeline" as there is no specific national legislation
for same-sex unions. However same-sex couples do have many rights that
come as a result of anti-discrimination laws, and via the courts.
Brazilian law gives same-sex couples the right
to inherit their partner's pension and social security benefits.
Providing they can establish with the National
Social Security Institute they are in a "stable union", they will be treated
no differently from a married couple on retirement or death. The
policy also allows people in same-sex relationships to declare their
partners as dependents on income tax returns. All this is as a result
of a court ruling and is not enshrined in specific law.
The state of Rio Grande do Sul has a "civil union
registry" as a result of a court decision in March 2004. Same-sex couples in committed relationships are able to
register at any notary public office. Although it does not affect federal
rights, it gives same-sex couples more equality in many areas. Same-sex
couples who register have the right to jointly own property, establish
custody of children, and claim the right to pensions and property when one
partner dies.
USA. Another
complex country, in this case as a result of having 50 states, all with
differing laws. Many states have implemented some degree of equality,
especially in the workplace/pensions/health fields with domestic partner
benefits. The majority of states have implemented constitutional
amendments or laws defining "marriage" as being between a man and a woman,
thus preventing in introduction of "same-sex marriage". As noted
above, Connecticut has this definition, but this year introduced a form of
civil partnership for same sex couples. Massachusetts introduced
same-sex marriage on the order of the state's Supreme Judicial Court in
2004. There are moves to bring into effect either a redefinition to a
"partnership" or bring in a law/amendment that would in effect reverse the court
decision. Vermont was the first state to introduce same-sex
partnerships (2000). On October 25, 2006, the Supreme Court in New
Jersey ruled that politicians must either amend the State's existing
marriage laws to include same-sex couples or to introduce 'Civil Unions' -
within 180 days. On December 14, the Civil Union measure passed the State
Assembly and Senate
with substantial majorities. Gov. Jon Corzine signed the legislation
on December 21, 2006 and the law will be effective from February 19.
In Oregon, Governor
Ted Kulongoski
signed the State's "Domestic Partnership" legislation (House Bill 2007 -
Oregon Family Fairness Act) on May 9, 2007. It become effective on
January 1, 2008. The New Hampshire legislature has approved
Civil Unions, and the measure is awaiting the signature of Gov.
John Lynch - he has said he
will sign it.
The National Gay and Lesbian Task force has
an
"Anti Gay-Marriage Measures in the USA" map
which shows states that is correct to November 15, 2005.
See also the
Freedom to Marry website for information on
USA.
ACKNOWLEDGEMENTS
Thanks especially to ILGA-Europe
for their assistance in compiling this listing. This listing will be
kept up to date as other countries bring in legislation. Please let us
know of any developments - as well as any errors or omissions above.
Also thanks to Geoffrey
Williams of Australia's
The Pink Broad for input on the situation "Down Under"
- and in Brazil.
From Toronto, Douglas and
Jim have spotted errors in our Canadian entries and provided additional
information - corrections and additions have been made and Argentina was
added thanks to "Yvon".
Kurt of the
Homosexuelle
Initiative (HOSI) in Wien (Vienna) provided invaluable information and
clarification on Europe.
This list can be freely used, either with or
without attribution.
FURTHER READING
ILGA-Europe website
Homosexuelle Initiative (HOSI) website -
in German. The site contains an
overview of Europe
(German)
Equal: New Defence Policy.
The Pink Broad on the
Australian Defence Force regulations that came
into effect on December 1 and gives military personnel in a same-sex
relationship some of the rights enjoyed by heterosexual serving members.
Also,
Gay Veterans: The Fight for Equality looks
at the continuing inequality for ADF retired personnel.
Argentina:
The 'Final
Battle' for Gay and Lesbian Rights,
by Marcela Valente (IPS News Service, Italy)
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